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A.H. v. A.B.W.

Superior Court of New Jersey, Appellate Division

December 17, 2013

A.H., Plaintiff-Respondent,
v.
A.B.W., Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 9, 2013

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County, Docket No. FV-12-0356-13.

Pitman, Mindas, Grossman, Lee and Moore, P.C., attorneys for appellant (Heidi V. Rivkin, on the brief).

Respondent has not filed a brief.

Before Judges Harris and Kennedy.

PER CURIAM

Defendant A.B.W. appeals from the September 13, 2012 final restraining order entered by the Family Part in favor of plaintiff A.H. We affirm.

I.

A.B.W. and A.H. were in a romantic relationship for several years. They are the parents of a five-year-old son. As of August 8, 2012, the parties lived separately, but between 2007 and 2010, they resided under one roof.

On August 8, 2012, at approximately 8:00 a.m., the parties became embroiled in a heated argument concerning their child. According to A.H., "[A.B.W.] jumped out [of] the car, ran around the car, and jumped in my face." After A.H. told A.B.W. that she was "not scared" of him, A.B.W. "snatched [A.H.] up by [her] neck and threw [her] down on the ground." A.H. testified that after she fell down, she hit her head on the concrete sidewalk. When A.H. attempted to stand up, "[A.B.W.] pushed [her] back down on the ground."

A.H. finally stood up, and when she got up, A.B.W. "went to come at [her] again." A.H. stated, "At that time, I hit him in the face, head, I don't really know, I just swung and I know I contacted, " sending A.B.W.'s eyeglasses flying. A.H. then retreated into her residence and called the police.

A.B.W. recounted a somewhat different version of the August 8 events. After conceding that his relationship with A.H. was "up and down, rocky, " A.B.W. testified that when he arrived at A.H.'s residence to pick up his son for parenting time, A.H. began to scream and curse, and ultimately punched A.B.W. in the face. A.B.W. "grabbed her hands and [he] pushed her away but she went back —— she took off her shoe and threw it at [A.B.W.] and [he] ducked the shoe and . . . then she [was] grabbing . . . on [his] shirt." Finally, when A.H. returned to her home, A.B.W. "got back in the car and [he] locked both doors."

A temporary restraining order was entered in A.H.'s favor in short order, and a trial to determine whether to issue a final restraining order was conducted on September 13, 2012. The only witnesses were A.H. and A.B.W. None of the police ...


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